Allowed

Krishna Bihari v. Vinod Bhushan

Chhattisgarh HC28 Sept 2016MCC/706/2016

Case brief

AI extract

What is this about?

This order grants a restoration application for Second Appeal No.20/1999 which had been dismissed for want of prosecution. The Judge allowed the application, satisfied that the absence of counsel was based on bona fide grounds, and restored the appeal to its original number.

What did the court decide?

M.C.C. No.706/2016 allowed and Second Appeal No.20/1999 restored to its original number.

Krishna Bihari Vs Vinod Bhushan — Civil Procedure and Limitation | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No.706 of 2016

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Krishna Bihari S/O Jwala Prasad Upadhyay, Aged About 58 Years Occupation Petition Writer, R/O- Village- Baikunthpur Malpara, Post Office And Tahsil- Baikunthpur, District- Koriya (M.P.) Now Chhattisgarh.

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---- Applicant

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Versus

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Vinod Bhushan S/O Late Shri Jwala Prasad Upadhyaya, Aged About 70 Years Occupation- Government Services, R/O- Gram And Post- Patna, Bazarpara, Tahsil- Baikunthpur, DistrictKoriya, M.P. (Now Chhattisgarh).

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Vinay Kumar, S/O Late Shri Jwala Prasad Upadhyaya, Aged About 68 Years Occupation- Cultivation, R/O- Village And PostPatna, Near Katora Rly. Station, Tahsil- Baikunthpur, DistrictKoriya, M.P. (Now Chhattisgarh).

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Mukut Bihari, S/O Late Shri Jwala Prasad Upadhyaya, Aged About 63 Years Occupation- Government Service Teacher, R/OGram And Post Katora (Patna), Bazarpara, Tahsil- Baikunthpur, District- Koriya, M.P. (Now Chhattisgarh).

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Brij Bihari, S/O Late Shri Jwala Prasad Upadhyaya, Aged About 70 Years Occupation- Government Services Teacher, R/OGram And Post- Katora (Patna), Bazarpara, Tahsil- Baikunthpur, District- Koriya, M.P., (Now Chhattisgarh).

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Smt. Rama Devi, Wd/O Late Shri Umesh Kumar, Aged About 51 Years, Legal Representatives Of Late Shri Umesh Kumar Upadhyaya, R/O- Gram / Post / Tahsil- Baikunthpur, Ward No. 1, Mission Road, In Front Of Nadi Pump House, Behind SECL Office District- Koriya M.P., (Now Chhattisgarh).

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Ku. Rita Upadhyaya, D/O Late Shri Umesh Kumar, Aged About 30 Years, Legal Representatives Of Late Shri Umesh Kumar Upadhyaya, R/O- Gram / Post / Tahsil- Baikunthpur, Ward No. 1, Mission Road, In Front Of Nadi Pump House, Behind SECL Office District- Koriya M.P., (Now Chhattisgarh).

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Raju Upadhyaya, S/O Late Shri Umesh Kumar, Aged About 29 Years Legal Representatives Of Late Shri Umesh Kumar Upadhyaya, R/O- Gram / Post / Tahsil- Baikunthpur, Ward No. 1, Mission Road, In Front Of Nadi Pump House, Behind SECL Office District- Koriya M.P., (Now Chhattisgarh).

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Ku. Anita Upadhyaya, D/O Late Shri Umesh Kumar, Aged About

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27 Years Legal Representatives Of Late Shri Umesh Kumar Upadhyaya, R/O- Gram / Post / Tahsil- Baikunthpur, Ward No. 1, Mission Road, In Front Of Nadi Pump House, Behind SECL Office District- Koriya M.P., (Now Chhattisgarh).

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Sandeep Kumar Upadhyaya, S/O Late Shri Umesh Kumar, Aged About 26 Years Legal Representatives Of Late Shri Umesh Kumar Upadhyaya, R/O- Gram / Post / TahsilBaikunthpur, Ward No. 1, Mission Road, In Front Of Nadi Pump House, Behind SECL Office District- Koriya M.P., (Now Chhattisgarh).

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Ramesh Kumar, S/O Late Shri Jwala Prasad Upadhyaya, Aged About 46 Years Occupation Colliery Service, Driver, R/O- Gram Baikunthpur, Mission Ward No. 1, Post & Tahsil- Baikunthpur, District- Koriya, M.P., (Now Chhattisgarh).

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Smt. Chandralekha, D/O Late Jwala Prasad, Aged About 66 Years W/O Chandrapal Mishra, Occupation- Household, R/OBaijnathpara, Raipur, M.P., (Now Chhattisgarh).

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Smt. Devrati, D/O Late Shri Jwala Prasad Upadhyaya, Aged About 53 Years W/O Shri Har Prasad Sharma, R/O- Gram Majhoi, Tahsil- Kotma, District- Shahdol, M.P.,......(Sr. No. 10 to 12 All Legal Representative Of Original Defendant Late Shri Jwala Prasad And Resp. Mst. Laxmi Devi).

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State Of Madhya Pradesh, Through Collector, Koriya, At PostAmbikapur, District- Surguja, M.P., Now Chhattisgarh, Through Collector District- Korea, (Chhattisgarh).

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Gram Panchayat Patna, Through President Gram Panchayat Patna & Secretary, Gram Panchayat Patna, At Post- Patna, Tahsil- Baikunthpur, District- Koriya, M.P., (Now Chhattisgarh).

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Non-applicants

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For Applicant :Shri Sanjeev Verma, Advocate. For Non-applicant/State :Shri Om Prakash Sahu, G.A.

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order On Board

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28/09/2016

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(1) Learned counsel for the applicant is heard on restoration application.

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(2) The applicant is seeking restoration of Second Appeal No.20/1999 which was dismissed for want of prosecution vide order dated 07.09.2016.

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(3) On due consideration of the submissions of the learned counsel for the applicant and the grounds taken in the restoration application, I am satisfied that the absence of the applicant's counsel on 07.09.2016 when Second Appeal No.20/1999 was taken-up for hearing was based on bonafide grounds.

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(4) Accordingly, M.C.C. No.706/2016 is allowed and Second Appeal No.20/1999 is restored to its original number.

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Sd/- (Sanjay K. Agrawal) Judge

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L/-

Krishna Bihari v. Vinod Bhushan

Case brief

What is this about?

What did the court decide?

Krishna Bihari v. Vinod Bhushan

Case brief

What is this about?

What did the court decide?

What the court decided

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